https://www.slab.org.uk/current-cases/information-for-applicants/glossary-and-terms/
https://www.slab.org.uk/current-cases/information-for-applicants/glossary-and-terms/
We have prepared explanations below of words, terms and acronyms used in the legal aid application process.
Term |
Meaning |
Explanation |
| Abate | to restrict the amount paid to a solicitor following receipt of an account | |
| Abatements | the amount deducted | |
| Accountable Officer | the Chief Executive is SLAB’s Accountable Officer and is personally responsible for the proper stewardship and expenditure of the public funds received by SLAB | |
| Advocate | specially trained lawyers who are independent (self-employed) | Advocates (sometimes known as counsel) specialise in the preparation and presentation of court cases and receive such cases from solicitors, and they also provide legal advice but are only involved in litigation generally of a more complicated nature; in the criminal sphere it will be the High Court of Justiciary; in the civil sphere it will be in any court, but largely the Court of Session; more complicated cases in the Sheriff Courts |
| Arrestment | a legal procedure sometimes used by the Treasury Department to recover money from a debtor through a third party such as the debtor’s bank or employer | |
| Auditor | a) Internal | members of SLAB’s Audit and Compliance Department |
| b) External | External auditors who examine SLAB’s financial accounts each year | |
| c) Auditor of court | an auditor for an individual court, or the Auditor of the Court of Session – an official in the courts who settles how much solicitors and counsel should be paid in certain cases | |
| Cause | law suit | a proceeding by one or more parties against one or more parties in a civil court of law |
| Certificate | legal aid certificate issued to solicitor when legal aid is granted by SLAB or by the court | |
| Clawback | If you keep or gain money or property at the end of your case and you are asked to pay some or all of your legal costs from this. This is called ‘clawback’. | |
| Cons | contributions | a) the contributions an assisted person may have to make if they are to receive legal aid, b) part of the Treasury Department dealing with these sums |
| Dean | normally Dean of the Faculty of Advocates, although occasionally the Dean of a local faculty of solicitors | |
| Diet | The date fixed by the court for hearing a case for any one of a variety of purposes. Diligence Procedure for enforcing an order of the court, or for recovering documents from an opponent or other person; or for obtaining the evidence of witnesses before a commissioner | |
| Duty solicitor | duty solicitors are solicitors who work on a rota at all district and sheriff courts to advise people in custody and take their case as far as their first appearance if necessary | |
| Faculty | normally the Faculty of Advocates, but also occasionally used for local faculties of solicitors | |
| Financial memorandum | a document issued by the Scottish Government which gives instructions about how the SLAB’s finances should be managed | |
| Legal Aid Guidance | guidance | Section on the SLAB website that contains all legal aid legislation and guidance for solicitors |
| Nominated solicitor | the solicitor nominated by an accused to take on their case | |
| Outlays | any expenditure in a case other than fees for solicitor or counsel – may include, for instance, expert witnesses | |
| Pink form | advice and assistance | |
| Practitioner system | a computer system which holds information on all solicitors practising legal aid – used for making payments and for mailing lists | |
| Precognitions | statements of evidence | |
| Precognosce | taking down statements | |
| Recovery | debt recovery | a) chasing money payable to SLAB – expenses of the case or contributions – from assisted persons or their opponents
b) part of the Civil Finance department |
| Reg 18 | Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 | Regulation allowing civil legal aid work to be undertaken before we have decided whether to grant an application |
| Reporters | Applications staff refer certain types of case to reporters, who are practising solicitors, for advice on a decision | |
| Review | an appeal against a SLAB decision on the merits | |
| Taxation | a) external review of account by an auditor of an individual sheriff court, or the Auditor of the Court of Session – asked for by a solicitor or counsel or by SLAB
b) internal assessment of account by SLAB |
Term |
Meaning |
Explanation |
| SLAB | Scottish Legal Aid Board | |
| CLAO | Civil Legal Assistance Office | |
| PDSO | Public Defence Solicitors’ Office | |
| SCL | Solicitor Contact Line | |
| LAOL | Legal Aid Online | portal to securely apply for, progress and track legal aid applications and accounts electronically |
| AP | assisted person | someone who has been granted legal aid |
| ABWOR | Assistance by way of representation | a form of advice and assistance under which, in certain circumstances and normally in criminal cases, a solicitor can appear in court on behalf of his client |
| A&A | Advice and assistance | advice and assistance helps to pay for a solicitor to give someone advice on any matter of Scots law, but does not normally cover representation in court |
| BRIA | Business and Regulatory Impact Assessments | assess the likely costs, benefits and risks of any proposed primary or secondary legislation, voluntary regulation, codes of practice, or guidance that may have an impact on the public, private or third sector |
| EFQM | European Foundation for Quality Management | this organisation has produced a model for quality management that we have used |
| Psums | Principal sums | a) awards of money made by the court to an assisted person, which are held by SLAB until the solicitor’s account has been paid, b) part of the Civil Finance Division dealing with these sums |
| RTA | Road Traffic Act | a UK law that regulates various aspects of road safety, such as driving offences, vehicle construction and use, and traffic signs |
| SCTS | Scottish Courts and Tribunals Service | |
| SG | Scottish Government | |
| SNSIAP | Scottish National Standards for Information and Advice Providers | quality assurance framework for agencies providing advice on housing, money, debt and welfare benefits issues |
| FAI | Fatal Accident Inquiry | a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland |
| FAMS | financial accounting and management system | the system used for processing payments to solicitors and advocates |
| NIJ | not in the interests of justice | one of the criteria for refusing criminal legal aid |
| PC | probabilis causa litigandi, or probable cause | translates as “a plausible case” – a legal basis for the case (one of the criteria used in assessing the merits of a civil application) |
| PF | procurator fiscal | a public prosecutor in Scotland who has the power to impose fiscal fines |
You have received a letter saying an application is…
| Rejected | The application submitted is incomplete and we are holding it to await receipt of the outstanding documentation – this is not yet an application for civil legal aid |
| Under Assessment | We have the minimum requirements to assess the application – at this stage, we will assess the legal merits of the case and the financial eligibility of the applicant |
| Refused | We have assessed the application and one or more of the tests for legal aid have not been met – if you are the applicant you will be provided with the reasons for refusal |
| Continued | We are assessing your application, but we need to ask you or your solicitor for more information before we can make a decision |
| Granted | The application has passed all of the tests for legal aid and cover for the case is in place |
| Suspended | The grant of legal aid has temporarily come to an end while we consider concerns about the application |
| Terminated | We have decided that the tests for legal aid are no longer met, and so legal aid cannot continue – the opponents are notified of the decision and this brings legal aid cover for the case to an end; a new application can be made if your solicitor thinks this is appropriate |
| Abandoned | We cannot assess the application because the information requested has not been provided within a reasonable time, or we have been told that the application is no longer needed |
| Civ sol | The initial application for civil legal aid |
| Amend | To change something about the existing grant of legal aid, for example add a new opponent, or seek an additional order |
| Special Urgency | To seek approval for work to be carried out before legal aid is in place |
| Prior approval | To seek approval for certain types of expenditure, for example to employ counsel and experts |
| Transfer | To change solicitor |
| Stage Report | Needs to be submitted by a solicitor to SLAB to keep us advised of progress |
| Review | Request to reconsider a decision to refuse legal aid when it has been refused at first instance |
| Representations | Information provided by an opponent or interested party which that person wants SLAB to take into account |